Appeal by one of several plaintiffs or defendants — Effect of judgment on appeal generally; recovery of damages awarded upon appeal

Upon the appeal of either party plaintiff or defendant, as provided in Code Section 5-3-4, the whole record shall be taken up and all shall be bound by the final judgment; but, in case damages are awarded upon such appeal, the damages shall only be recovered against the party appealing and his security, if any, and not against the party failing or refusing to appeal. (Laws 1839, Cobb’s 1851 Digest, p. 500; Code 1863, § 3540; Code 1868, § 3563; Code 1873, § 3620; Code 1882, § 3620; Civil Code 1895, § 4462; Civil Code 1910, § 5007; Code 1933, § 6-111.) Page: 185 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 Date: 06/14/13 Time: 10:58:26 GA RV 13 RV 4(T4-6) - EP APPEALS TO SUPERIOR OR STATE COURT